Chandigarh

DF-I

CC/868/2017

Mrs. Bhawana Sood - Complainant(s)

Versus

M/s Micromax Infomatics Ltd. - Opp.Party(s)

Krishan Singla

28 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/868/2017
Date  of  Institution	:	19/12/2017
Date   of   Decision	:	28/03/2018

 

 

 

 

 

Bhawana Sood w/o Sh.Mandeep Sood, resident of House No.3081, Sector 23, Chandigarh.

….Complainant

Vs.

 

1.   M/s Micromax Informatics Limited, through its Director/Authorized Signatory, 90-A, Sector 18, Gurgaon – 122015.

 

2.   M/s Abacus Systems, through its Owner/Manager/ Representative, SCO 54, 1^st Floor, Near Post Office, Sector 30-C, Chandigarh.

…… Opposite Parties 

 

BEFORE:   SH. RATTAN SINGH THAKUR      PRESIDENT

          MRS.SURJEET KAUR             MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

 

For Complainant	:	Sh. Devinder Kumar, Advocate.
For OPs	:	Ex-parte.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

          In brief, the Complainant had purchased one Micromax Canvas XP 4G from M/s Ashok Electronics and Communication, for a total sale consideration of Rs.6800/- vide Bill/Cash Memo dated 02.10.2016. Soon after its purchase, when the said handset started giving troubles, it was taken to Opposite Party No.2 on 20.07.2017 who despite the handset having been under warranty charged Rs.300/-. The matter when reported to Opposite Party No.1 vide e-mail Annexure C-3, it was informed that it had not rectified by the problems in the mobile set since Opposite Party No.2 was not its qualified and trained technician. Eventually, the Complainant got served a legal notice Annexure C-4 upon the Opposite Parties, but to no success. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

 

2.     Notice of the complaint was sent to Opposite Parties, seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte.

 

3.     Complainant led evidence.

 

4.     We have heard the learned Counsel for the Complainant and have also perused the record.   

 

5.     In the present circumstances, the averments of the complaint have gone unrebutted in the absence of the Opposite Parties who were duly served and preferred neither to appear in person, nor through their Counsel. It is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large.  Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against the Opposite Parties.

 

6.     In the light of above observations, the present complaint succeeds against the Opposite Parties. The same is allowed. We direct the Opposite Parties, jointly & severally, to:-         

 

1. To refund Rs.6800/- being the invoice value of the mobile handset in question to the Complainant, alongwith interest @7% per annum, from the date of its purchase i.e. 02.10.2016, till realization.
2. To pay Rs.2500/- to the complainant as compensation for mental agony and harassment caused to him;
3. To pay to the complainant Rs.2500/- as costs of litigation.

7.      The above said order shall be complied within 30 days of its receipt by the Opposite Parties No.1 and 2; thereafter, they shall be liable for an interest @9% per annum on the amount mentioned in sub-para [i] above from the date of purchase i.e. 02.10.2016, till realization. The compensation amount as per sub-para [ii] above, shall carry interest @9% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [iii]. 
8.      The Complainant shall return the defective handset, if the same is in his possession, to the Opposite Party No.2, after the compliance of the order.
9.      The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

28^th March, 2018                         

Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”